NIPC Law

Tapioca Pearls Author Lars Plougmann   Licence CC BY-SA 2.0   Source Wikimedia   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Duadata Ltd v Tian Cha Le Ltd . [2026] EWHC 1055 (IPEC) (8 May 2026) This was an inquiry as to damages for passing off.   The claimant operated a nationwide chain of bubble tea  shops and franchises under the Mooboo brand. Bubble tea is a beverage that contains small chewy tapioca balls and various flavourings of different kinds.  A company owned and operated by one Qin Lin held a Mooboo franchise for Gateshead between 8 April 2021 and 23 Jan 2024.  On 22 Aug 2023, Ms Lin incorporated the defendant which began to operate a bubble tea outlet in Gateshead adopting a similar menu design, products, drinks, recipes and prices to the claimant's.  The claimant sued the defendant for passing off on 24 May 2024. The Order The defendant did not defend the claim and the claimant obtained a default ...

Fibre Optic Cables Author BigRiz   Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert The key to a successful software development contract is a comprehensive and accurate technical specification that is agreed upon and understood by both the customer and the supplier.  It is important not to confuse a technical specification with a functional specification.   The functional specification will set out the functions and facilities that the software should have, but not state how it is to be developed.   Those details will be contained in the technical specification.    The customer should satisfy himself or herself that the technical specification implements the functional specification.   If he or she lacks the skill and knowledge to do that, he or she may wish to appoint a consultant to help. Acceptance Tests As the bargain is that the supplier will deliver the specified software in return for a fee, a clause setting out the ac...

Cyrillic Script Monument in Antarctica Author Inoceramid Bivalves   Licence CC BY-SA 4.0   Wikimedia Comm ons Jane Lambert Court of Appeal (Lords Justices Moylan, Coulson and Arnold)   Lish v The Northern Block Ltd and another [2026] EWCA Civ 497 (27 April 2026) This was an appeal by the claimant, Mariya Vasiliyevna Lish, against the order of David Stone on 22 Aug 2025 in which he struck out two of her claims as an abuse of process of the court for the reasons given in his judgment (see  Lish v The Northern Block Ltd and Another [2025] EWHC 2172 (Ch) 23 Aug 2025).   I discussed that judgment in  Copyright - Lish v The Northern Block Ltd.   on 30 Aug 2025. Background The   first   defendant, The Northern Block ("TNB"), was a type foundry which supplied typefaces or fonts in various alphabets to graphic designers, printers, manufacturers and others.  It was founded by the second defendant, Jonathan Hill. Mrs Lish was a typeface des...

  Jane Lambert Patents Court (Mr Justice Mellor) Nador Cott Protection SAS v Asda Stores Ltd and another [2026] EWHC 553 (Pat) (12 March 2026) This was a claim by Nador Cott Protection SAS against ASDA Stores Ltd, and International Procurement and Logistics Ltd. for the alleged infringement of Plant Breeders' Right number 28016 by importing    Tang Gold oranges into the UK and retailing them to the British public.  The action came on for trial before Mr Justice Mellor on 25 and 26 Nov 2025.  By para [359]  of his judgment in  Nador Cott Protection SAS v Asda Stores Ltd and Another [2026] EWHC 553 (Pat), which he handed down on 12 March 2026, the learned judge dismissed the action. Issues His lordship set out the issues in the trial as follows: whether the Tang Gold fruit was a dependent variety of Nador Cott's ("the dependent variety issue"), and if it was whether Nador Cott Protection had lost its right of action because it  had  a rea...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...